3.1. BASR 01-29-2002 - Laserfiche WebLink

Home Browse Search

WRITTEN REQUEST FOR VARIANCE The attached request for a variance results from a hardship that would result in the event that the City of Elk River's 35-foot set-back ordinance is enforced on the subject property. Upon the purchase of the property, we were lead to believe by those involved in the conveyance that our planned improvements to the lot would, in fact, be acceptable. In light of these assurances, we purchased the subject house that currently contains 800 square feet and no garage. This mistaken belief, regarding our improvements, was apparently based upon other similarly situated houses in our neighborhood, which are built in such manner as to visibly within the set-backs. The dimensions of our lot and placement of our septic/well system do not allow for expansion to the east or west, nor are we able to expand south, as the 100-foot River Ordinance prevents this. The only reasonable location for our planned improvements are between the dirt road and our house. Further, the hardship is caused by special conditions in our district, in that the lot dimensions on our block are long and narrow. We believe that our planned improvements would not diminish the attractiveness of our neighborhood. In fact we believe, given the age and size of the existing house, the improvements will significantly improve the aesthetics of our lot. It is also important that our improvements include a garage. The garage would improve the neighborhood aesthetics by allowing for inside storage of automobiles, lawn/garden equipment, and • other household items. We have included pictures of our immediate neighboring properties with the same/similar circumstances, which have previously been granted a variance to relieve this hardship. You will note the backside of the pictures provides information, such as the property address, and the estimated distance between the pictured building and the nearest street or property line. It is apparent that only those neighboring owners with double, or triple lots have been able to avoid the necessity of building in the set-back area. As such,the literal application of the provisions of the ordinance would deprive our family of the rights enjoyed by other similarly situated property owners in our vicinity. This variance, in no way will be injurious to or adversely affect the health, safety, or welfare of the residents of the city or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. We believe this variance will, in fact, allow for increased safety and appeal of the neighborhood. Finally, the special conditions and circumstances necessitating the variance were not the result any misfeasance or malfeasance, action or inaction on our part. We appreciate your consideration of this request. We will always be available for requests for additional information, as you may require. • Very truly yours Mark and Leonora Person